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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person of SOFA to the United States Armed Forces under the jurisdiction of D.
On July 22, 2017, around 00:35, the Defendant saw the Victim F (F, 37 years of age) on the front road of Mapo-gu Seoul, Mapo-gu, Seoul, and committed an indecent act by force against the Victim by her hand by knbing her her butt on one occasion.
Summary of Evidence
1. Each legal statement of witness F and G;
1. Application of some Acts and subordinate statutes to the suspect interrogation protocol to the accused;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant is a foreigner with the U.S. nationality, and is difficult to expect the effectiveness of recidivism prevention through order to complete program because communication with the Korean language is not smooth, and there are special circumstances under
[Determination]
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no record of criminal punishment against the accused for sexual crimes; and there is a habit for sexual assault against many unspecified victims, considering the form of the instant crime, relationship with the victim, etc.;
In full view of all the circumstances, such as the gains and prevention effects expected by an order of disclosure notification, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure of personal information of the defendant shall not be disclosed.
(C) According to the reasoning of the sentencing, the sentence like the disposition is imposed in consideration of the following circumstances: (a) the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: the instant crime was committed.